A change to SC WC laws and regulations relating to LS settlements took place in July 2007.

For injured workers whohave attorney representation, the SC WC Commission no longer requires its signoff of approval. The attorney must file the settlement agreement with the SC WC Commission.

Workers who do not have attorney representation must receive signoff approval from one WC Commissioner before they can finalize their settlement. Once finalized, we can consider this as valid proof for our offset purposes.

The SC WC Commission can review the LS settlement within 14 days of the award. If not reviewed, the award will become binding in 30 days from the date of the award unless the injured worker files an appeal:

to the Court of Common Pleas for accidents occurring before 07/01/2007; or

to the SC Court of Appeals for accidents occurring on or after 07/01/2007.

The Commission may review cases for up to one year from the date of the last payment of compensation when there is a change in the condition.

SC WC Commission can award lifetime benefits to paraplegic, quadriplegic, or brain damaged individuals, but the Commission cannot pay the benefits as LS.

SC orders may specify awards that exceed the 500-week limit despite the 500-week limit imposed by SC law. In these cases:

Impose offset based on the rate specified in the settlement documentation per DI 52150.060.

If the settlement specifies a life expectancy rate, use the life expectancy rate to prorate.

Use the gross amount before any expenses to calculate offset.

NOTE: Some SC settlement documents may indicate that the prior periodic payments are part of the overall award and request prorating at a life expectancy rate along with the LS. This language does not bind us. Only LS settlements are subject to life expectancy proration.

If a subsequent addendum stipulates a different rate than that in the initial award, refer to the policies and procedures in DI 52150.065.